1. These Conditions of sales shall apply to all quotations and deliveries made by Onward Chemical Pvt. Ltd to its customer with the exception of those changes which have been expressly agreed to in writing by both parties. Where the Customer’s purchasing conditions conflict with these conditions, these conditions shall apply. All agreements and promises, whether in conflict with these conditions or not, made by Onward Chemical Pvt. Ltd, representatives or staff will only be valid if expressly agreed to in writing.



2. Onward Chemical Pvt. Ltd is never committed to any other offer or agreed time of delivery. Although the agreed times of delivery will be observed as much as possible, any liability of Onward Chemical Pvt. Ltd due to non-delivery or delayed delivery is excluded. A delivery later than the agreed time delivery does not annual the customer’s obligation, unless the customer has annulled the order in writing for that reason. Onward Chemical Pvt. Ltd is not responsible for any loss or damage in Transit. Our responsibility ceases once the goods are consigned to the Transporter\Delivery is taken by Customer\by its Agent.



3. Any complaints or claim in relation to the goods must be made within 8 days of delivery. Any such complaints or claims do not discharge the customer of that obligation to pay within the period stated in the conditions of sale, If it appears that a claim or complaint is well-founded, Onward Chemical Pvt. Ltd shall make this known to the customer and take the goods back and replace these goods by similar goods or credit the customer with an amount not exceeding the invoice value, without being bound to pay any other damages. Goods may only be returned with the express written agreement of Onward Chemical Pvt. Ltd.



4. If one or more of the factors upon which the cost price was based undergoes an increase, even if this occurs because of foreseeable circumstances, Onward Chemical Pvt. Ltd has the right to increase the agreed price accordingly. Goods are at the customer’s risk from the moment they leave Onward Chemical Pvt. Ltd.



5. Title to the goods shall not pass to the customer until all demands have been completely met. In case of late payment, all delivered goods may be claimed by Onward Chemical Pvt. Ltd without prior summons and/or notification.



6. Payment must be made as per the payment terms stated in our invoice unless agreed otherwise. After the due date, Onward Chemical Pvt. Ltd shall be entitled to charge interest at the rate of 2% per month calculated from the invoice date of the outstanding amount. Onward Chemical Pvt. Ltd shall have no obligation to make further deliveries as long as the customer remains in default of payment.



7. Where the customer cancels an order, Onward Chemical Pvt. Ltd shall entitled to charge to the customer the entire amount of the relevant invoice (without any obligation to prove damages), plus any additional expenses that may be incurred by Onward Chemical Pvt. Ltd as a result of the cancellation, such as transportation, storage or destruction costs in relation to the goods ordered.



8. Failure by Onward Chemical Pvt. Ltd to charge interest pursuant to clause 6 above or to make a charge in relation to a cancelled order pursuant to clause 7 or to exercise any of its other right under this agreement shall not constitute a waiver by Onward Chemical Pvt. Ltd of those right’s and Onward Chemical Pvt. Ltd. shall at all time as its own discretion be entitled to exercise in full all its rights hereunder against the customer.



9. LAW AND JURISDICTION
   Governing Law :- This contract/Agreement shall be governed by and construed in accordance with the laws of India.
   Jurisdiction :- All disputes differences claims demands and questions of whatsoever nature arising out of or relating to or in pursuance of or touching this contract/document or the construction meaning, scope, operation, effect or application thereof, or of an thing or clause contained therein, or any account or liability of any of the parties hereto, or as to any act deed matter or thing done or omitted to be done in any way relating to these presents, arising either during the continuance of this contract/agreement or afterwards, shall be referred to a sole arbitrator to be appointed by Onward Chemical Pvt. Ltd from the panel of Indian Merchants Chamber or Bombay Chamber of Commerce. Such arbitration shall be in the English language and in accordance with and subject to the provisions of the Arbitration and Conciliation Act, 1996, or any statutory modification or re-enactment thereof for the time being in force.
   All such arbitration proceedings shall be held at Mumbai.

TOP